Kashinath Rai & Another vs State Of U.P.
2016 Latest Caselaw 4314 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 28
 
Case :- CRIMINAL APPEAL No. - 3387 of 2016
 
Appellant :- Kashinath Rai & Another
 
Respondent :- State Of U.P.
 
Counsel for Appellant :- Kavindra Singh
 
Counsel for Respondent :- G.A.
 
Hon'ble Abhai Kumar, J.

Heard learned counsel for the appellants, as well as learned A.G.A for the State and perused the record.

Admit.

Summon the original lower court record.

List immediately thereafter.

Considered the prayer for.

Appellants have been convicted under Section 8/21 of N.D.P.S. Act and were sentenced for five years rigorous imprisonment, Rs.50,000/- with fine and in default to that further two years undergo one year rigorous imprisonment. It is submitted by learned counsel that appellants were on bail during the trial. It is also submitted that ante-time report was prepared. It is also submitted that compliance under Sections 42, 50 & 57 of N.D.P.S Act have not been done. Nothing has been recovered from the possession of the applicants-accused. The recovered heroin shows as 109 grams, which is well below the commercial quantity.

It is next contended that the applicants are in jail since 30.06.2016 and in case they are enlarged on bail, they will not misuse the liberty of bail.

Appellants are convicted for the five years and the recovered contraband is much below the commercial quantity.

Seeing the facts and circumstances of the case as well as submissions made by learned counsel for the parties and also perusing the material brought on record, without expressing any opinion on merits of the case, it is a fit case for grant of bail.

Let the applicants ? Kashinath Rai and Nitesh Rai involved in S.T No. 35 of 2014 and S.T No. 36 off 2014 - (Kashinath Rai Vs. State of U.P.) and (Nitesh Rai Vs. State of U.P.) arising out of Case Crime No. 184 of 2014 under Section 8/12 of N.D.P.S. Act, Police Station ? Narhi, District ? Ballia, be released on bail on their furnishing a personal bond and two local sureties each of the like amount to the satisfaction of the court concerned, subject to the following conditions: -

1. The applicants shall not tamper with the prosecution evidence.

2. The applicants shall not pressurize the prosecution witnesses.

3. The applicants shall appear on the date fixed by the trial Court.

In case of default of any of the conditions enumerated above, the order granting bail shall automatically stand cancelled.

Order Date :- 18.07.2016.

Vinod.